HomeMy Public PortalAboutOrd. 15-26Orbillultee
No. 1-5'26 of 14e
Councilman Presents the following Ordinance Seconded by Councilman
I
AN ORDINANCE OF THE BOROUGH OF CARTERET
AUTHORIZING THE CONVEYANCE OF CERTAIN
PROPERTY KNOWN AS TAX BLOCK 6704, LOTS 6.03
ON THE OFFICIAL TAX MAPS OF THE BOROUGH
TO GATED INVESTMENTS GROUP, LLC, OR ITS
PERAHTTED ASSIGNEE
WHEREAS, pursuant to the Redevelopment and Housing Law, constituting
Chapter 79 of the Pamphlet Laws of 1992 of the State, and the acts amendatory thereof
and supplemental thereto (the "Redevelopment Law ", as codified in N.J.S.A. 40A: 12A-1
et S�Mc.), a municipality may sell, convey or lease any of its property to a redeveloper for
the purpose of clearance, re- planning, development and redevelopment of a
redevelopment area provided that the sale, conveyance or lease in made in conjunction
with a redevelopment plan; and
WHEREAS, on June 12, 2006, the Council of the Borough of Carteret, a
municipal corporation in the County of Middlesex and the State of New Jersey (the
"Borough "), in accordance with the Redevelopment Law, duty adopted Resolution No.
06 -33 designating sixty -four properties along Waslm gton Avenue as an area in need of
redevelopment (the `Redevelopment Area "); and
WHEREAS, on June 15, 2006, in accordance with the Redevelopment Law, the
Borough finally adopted Ordinance No. 06 -33 adopting the Washington Avenue
Redevelopment Plan forth the Redevelopment Area (tire `Redevelopment Plan "); and
WHEREAS, the Borough is the fee title owner of certain real property known as
Block 6704, Lot 6.03 on the official tax maps of the Borough (the "Property"), which
property is located in the Redevelopment Area; and
WHEREAS, on November 5, 2015, the Borough designated Gated Investments
Group, LLC as the redeveloper of the Property (the "Redeveloper ") and authorized the
execution and delivery of a Redevelopment Agreement with the Redeveloper; and
WHEREAS, the Borough desires to sell the Property to the Redeveloper pursuant
to the terms of that certain Purchase and Sale Agreement, a fomr of which is attached
hereto as Exhibit A .
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Borough
Council of the Borough of Carteret, Middlesex County, New Jersey, as follows:
Section 1. The Purchase and Sale Agreement is hereby authorized to be
executed and delivered on behalf of the Borough by either the Mayor, Chief Financial
Officer or Director of Law, in substantially the form attached hereto as Exhibit A, with
such changes as the Mayor, Chief Financial Officer or Director of Law (each all
"Authorized Officer "), in their respective sole discretion, after consultation with such
counsel and any advisors to the Borough (collectively, the "Borough Consultants "), as
such Authorized Officer deems necessary, desirable or convenient in such Authorized
Officer's sole discretion. All actions of the Authorized Officers and the Borough
Consultants taken prior to the date of adoption hereof are hereby ratified and approved.
No. 1�
PAGE 2
Section 2. The Borough Clerk is hereby authorized and directed, upon the
execution of the Purchase and Sale Agreement in accordance with the terms of Section 1
hereof, to attest to the Authorized Officer's execution of the Purchase and Sale
Agreement and is hereby further authorized and directed to thereupon affix the seal of the
Borough to the Purchase and Sale Agreement.
Section 3. The Authorized Officers are each hereby further authorized to
perform any act, execute or acknowledge and deliver any other document, instrument,
deed or certificate, including without limitation, the Escrow Agreement, as such term is
defined in the Purchase and Sale Agreement, which the Authorized Officer, after
consultation with the Borough Consultants, deems necessary, desirable or convenient Bud
the Borough Clerk is hereby further authorized and directed to attest to such execution or
acknowledgement and to affix the seal of the Borough to any such document, instrument
or certificate.
Section 4. All actions of the Authorized Officers and the Consultants taken
prior to the date of adoption hereof in connection herewith are hereby ratified and
approved.
Section 5. This ordinance shall take effect upon final passage and publication
as required by law.
Section 6. Upon the final adoption hereof, the Borough Clerk shall forward
certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, Fitzpatrick,
& Cole, LLP, Special Redevelopment Counsel to the Borough.
RECORD OF COUNCIL VOTE
f COUNCILMAN
YES
NO
NV
A.B.
COUNCIL \IAN
YES
NO
NV I
A.B.
X
Kul
1
X
DIAZ I
X
D X
5
i
X - Indicate Vote AB- Absent NV - Not Voting XOR Indicates Vote to Overrule Veto
Nck S, 2015
Adopted on first reading of the Council of
the Borough of Carteret N.:,, onY'
Adopted on second reading after hearing on
December 3 2015
q
APPROVED BY
MAYOR
41 Is
I
JBRK
ON !�
MUNICIPAL C
EXHIBIT A
FORM OF PURCHASE AND SALE AGREEMENT
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One (1) time(s) once in each issue as follows:
November 11, 2015
Notary Public of New Jersey
Kathleen M. Barney, M*
Municipal Clerk
Sworn and Subscribed before LINDA A. RIVERA
Me this ».1/, day ofG�� NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2016
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One (1) time(s) once in each issue as follows:
December 10, 2015
Notary Public of New Jersey Kathleen M. Barney, MM
Municipal Clerk
Sworn and Subscribed before LINDA A, RIVERA
Me this, 2/ day of _ µ . , <- NOTARY PUBLIC OF NEW JERSEY
' 'MY COMMISSION EXPIRES MAY 2, 2016
T
W
W
K
W U
W LL
z
LL
OZ
F O
U
� k
csS
\„
,4
O
.®J
\ I
d
D
U
N m
D
N N
a Y�
c
l0 �
O
� � O
a
Q Y1Qdt
p � y
0
ro
a
r
m
m �
T
N
W
T
ti
O
Z
m
o
�
m O
o
-
�
v O
a
S
X
U
N
W O
O af
W
O
a s
N
c U
«
c
O
C
a>
V
O=
U
N
U
o
N
c
m
a
m
Co
j
N
m
csS
\„
,4
O
.®J
\ I
d
D
U
N m
D
N N
a Y�
c
l0 �
O
� � O
a
Q Y1Qdt
p � y
0
ro
a
r
m
m �
T
N
W
T
ti
O
Z